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(영문) 서울서부지방법원 2015.03.26 2014가합35396
위약금 등
Text

1. The Plaintiff:

A. Defendant A’s KRW 175,694,541 and the interest rate of KRW 20% per annum from December 6, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) under which each of the households of the E- Apartments located in Yongsan-gu D (hereinafter “instant apartment”) was sold in lots as shown below in the following table.

(hereinafter “each of the instant sales contracts”). The name of the seller at the time of entering into the sales contract for the same-use purchase price as of the date of the sales contract for the pre-sale contract, but the name was changed to “A” thereafter.

Defendant C of 201-218,000,000 won on August 30, 2008 KRW 30,000,000 on June 22, 2009, Defendant C of 30,000 on May 18, 2009

B. Of each of the instant sales contracts, the major contents pertaining to the cancellation of the contract, interest on loans from intermediate payments, penalty, etc. are as follows.

(However) However, “A” means the Korea Asset Trust, “B” means the buyer, and “B” means the Plaintiff, the buyer, and “B” means the Plaintiff, the contractor. Article 2 (B)(3) The monthly interest on repayment to be borne by “B” in relation to a loan agreement subsequent to the interest on the part payment of the part payment, “B”, and “B” shall pay in lieu of “A” (joint and several sureties), and “B” shall pay in addition to the amount of supply prescribed in Article 1 at the time of occupancy, the entire repayment interest paid instead of “A” shall be paid to “A” separately from the amount of supply prescribed in Article 1. The base date for the burden on the lender shall be the date of the first occupancy designation designated by “A”, and “B” shall bear the burden of “A” after the base date on which the date immediately preceding the base date is the date of the first occupancy designation.

Provided, That where a contract is terminated inevitably under the recognition of "A", the interest on the loan of "B" that has already been paid by "A" by the date of request for the cancellation of the contract shall be repaid in full to "B".

9 When this contract is terminated.

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